Wednesday whimsies

Around the blogs. The IPKat's April Fool's Joke this year, which proved so controversial that it had to be withdrawn, is the subject of the Editorial in the June issue of the Journal of Intellectual Property Law & Practice (JIPLP), which you can read here. Beanstalk IP specialist, writer and thinker Miri Frankel has joined the IP Finance team. People who are none too fond of software patents and their impact on the world of open source, as well as those who take a keen interest in the arguments of their opponents, will enjoy FOSS Patents, a clearly presented blog by software developer Florian Mueller, founder of the somewhat less elegant NoSoftwarePatents campaign.

The IPKat failed to spot the public consultation taking place regarding the possible protection in the European Union of four geographical indications from Colombia and Peru (“Pisco”, “Cholupa del Huila” (left), “Maíz Blanco Gigante Cusco”, “Pallar de Ica(right)) in the European Union. The Official Journal on 22 April carried a notice concerning current negotiations for a Trade Agreement between the European Union, and its Member States, and Colombia and Peru. The Commission asks any Member State, third country or other natural or legal person having a legitimate interest, resident or established in a Member State or in a third country, to submit by 22 June any objections to the protection of those names as geographical indications in the European Union. Thank you, Miguel Angel Medina (Elzaburu), for letting us know.

The IPKat hears a rumour that the long-awaited ruling of the Enlarged Board of Appeal of the European Patent Office in G 03/08, on computer-implemented inventions, will be out later today. Naturally, the Kat will be keeping an eye out ...

Elena Kagan has been nominated by President Barack Obama to fill the recent vacancy on the United States Supreme Court. But what is her position on intellectual property? The IPKat thanks his friend Shabtai Atlow for this link to The Hollywood Reporter, which reads:
"Hollywood's biggest worry about Kagan might be her philosophy on intellectual property matters. As dean of Harvard Law School from 2003 to 2009, she was instrumental in beefing up the school's Berkman Center for Internet & Society by recruiting Lawrence Lessig and others who take a strongly liberal position on "fair use" in copyright disputes".

Wednesday whimsies Wednesday whimsies Reviewed by Jeremy on Wednesday, May 12, 2010 Rating: 5


  1. IG Europe - Colombia + Peru
    Colombia has registered 3 national DOs in its country: cafe de Colombia, 'Chulupa del Huila’ and ‘Artesanía de Guacamayas’.
    Peru has registered only 4 national ones in its own country, namely ‘Pisco’ , ‘maíz gigante blanco del Cuzco’, ‘Cerámica de Chulucanas’ and ‘pallar de Ica’.

    *Cafe de Colombia has already being registered in the EU(firt third country to do so).
    *Artesanias de Guacamayas and ceramica de Chulucanas cannot be registered as DO in the EU because they are not foodstuff and/or wine/spirit because they are atisans products.

    The question is: what is to be negotiated? Peru and Colombia only have 4 DOs and EU has more than 1200 IGs. Moreover, if we check the draft on the Agreement, there are more than 200 products from the EU and none from the Andean countries (I guess this is sorted by registering them as DO here in the EU).

    However, there is something that I noticed. Peru and Colombia do not recognise the figure of IG and TSG, as such (the same concept as in EU) but only DO and in the Draft one can see that the list of EU products includes all of the above(IG, DO and TSG).
    I wonder: is this an imposicion or a negotiation? Why they have to accept concepts that they do not have and products that as such will not be protected under their legilsation? I think that it would be the same as if the EU accepts artensans DO - won't you think?

    More info can be found in a seminar that I recently gave in Alicante...


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